Terms of Services

Last modified: April 27, 2019

These Terms apply to services provided by Barcode Spider through its website, located at www.barcodespider.com, including subdomains and API Services.

By accessing or using our sites and our services, you are agreeing, or if you are agreeing on behalf of an entity, the entity is agreeing, to be bound by the Terms of Services. If you later disagree with the Terms of Services, you agree to stop using the Services. This Terms of Service is effective as of April 27, 2019.

1. Using the Services

Barcode Spider's Services include product lookups and API-based product lookup services ("API Services"), which permit you to lookup barcode numbers (UPC) along with additional product data.

API Services are provided pursuant to a recurring subscription that, depending on the terms of your particular subscription, permits you to make a certain number of API calls. Regardless of the type of API Services paid for, you cannot exceed 100 API calls per minute. Barcode Spider shall provide you with an API key and instructions for using API Services. Barcode Spider does not integrate the API Services with any third party application. You are responsible for all development costs, coding, debugging and integration with the API and your application.

Barcode Spider shall provide you, whether as a result of Lookup Services or API Services, with a UPC number, barcode type (EAN, UPC or ISBN), product name, category or any additional product information discovered for each successful lookup ("Product Data"). Product Data shall be provided to you, in the case of API Services, in JSON format. Barcode Spider does not guarantee that the Services will produce data in response to lookup requests you submit.

2. Service Fees

You agree to pay Barcode Spider such fees for the Services as presented to you at the time of purchase. Barcode Spider accepts payment by PayPal, Visa, MasterCard, which is required prior to commencement of the Services and is non-refundable. You acknowledge and agree that payment is processed through a third party service provider who may subject you to additional terms and to whom your payment information is disclosed.

API Services are automatically charged on a monthly, recurring basis but may be cancelled, upgraded or downgraded. If you would like to make a change to your API Services please email [email protected]. The requests must be emailed to Barcode Spider at least 3 business days prior to the date such API Services are renewed and is effective upon your receipt of an email from Barcode Spider confirming cancellation.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time. Cancel the PayPal subscription from within your PayPal account . Your cancellation will take effect at the end of the current paid term.

3. Accounts

Some Services require you to register an account in order to use the Services and select a user name and password and, in the case of API Services, you will be provided a unique API key ("Login Information"). You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, whether or not you authorized such use. If you become aware of, or reasonably suspect, unauthorized use of your account you must immediately change the password that is part of your Login Information or notify Barcode Spider by emailing [email protected].

4. Service Subscription

Barcode Spider grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to use the Services to make API calls and receive Product Data in response to such calls; and use any Barcode Spider application to search for and retrieve Product Data (the "Subscription"). No title or ownership interest in the Services or Subscription is transferred or assigned to you and you acknowledge that the Terms and Conditions is not a sale of any right to the Services or Subscription.

Barcode Spider may suspend your Subscription and any associated account at any time without notice or compensation to you for any reason including, but not limited to, violation of the Terms and Conditions. Whether a suspension is lifted is at Barcode Spider's sole discretion.

The Subscription terminates upon the earliest of: (a) Barcode Spider's termination of the Terms and Conditions or Services and that may occur without notice or reason; (b) your failure to pay any amount owed to Barcode Spider; (c) your termination of the Subscription by notifying Barcode Spider at [email protected]; or (d) your non-compliance with the Terms and Conditions. Upon termination you are not entitled to a refund of any kind and shall delete all Product Data previously provided to you.

5. Subscription Restrictions

You agree to not: (a) scrape, data mine or otherwise collect content from the Services; (b) make publicly available, sell or resell the Services or Product Data resulting therefrom; (c) circumvent or reproduce the look and feel of the Services; (d) copy, damage, decompile, disassemble, disrupt, impair, modify or reverse engineer the Services; (e) use the Services to violate any law or regulation in any jurisdiction; or (f) gain, or attempt to gain, unauthorized access to the Services, including through the use of another user's account or through any method not provided by or approved by Barcode Spider.

6. Intellectual Property Rights

Barcode Spider reserves all right, title and interest in the Services and Product Data including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. Without limiting the foregoing, Barcode Spider hereby retains all rights not expressly granted in the Terms and Conditions.

Certain elements of Product Data, such as product images and descriptions, are the property of third parties and not Barcode Spider ("Third Party Content"). The Terms and Conditions do not grant you any rights to Third Party Content and you represent and warrant that your use of Product Data will not infringe the rights of any Third Party Content owner. If you require rights to Third Party Content please contact the Third Party Content owner.

You represent and warrant that you have all rights necessary to provide any data to Barcode Spider in connection with the Services and hereby grant Barcode Spider an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to such data for any and all purposes without attribution, notice, permission, royalty or payment to you or any third party.

7. Notice of Copyright Infringement

If you are a U.S. copyright owner, Barcode Spider will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA").

You must provide the following in your DMCA notice: (a) identify the copyrighted work claimed infringed; (b) identify the material claimed infringing and where it is located; (c) provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address; (d) provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; (e) provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and (f) provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Barcode Spider may provide you notice if your data was removed as a result of receiving a DMCA notice. If you receive notice from Barcode Spider, you may provide a counter-notification to Barcode Spider's designated DMCA agent at: [email protected].

8. Disclaimer

THE SERVICES ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, BARCODE SPIDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, BARCODE SPIDER MAKES NO REPRESENTATIONS THAT THE SERVICES WILL NOT INFRINGE ANY RIGHTS HELD BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PATENT OR TRADEMARK. FURTHER AND WITHOUT LIMITING THE FOREGOING, BARCODE SPIDER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR NEEDS OR THAT THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, RESULT IN LOST DATA OR WILL NOT HARM COMPUTERS OR MOBILE DEVICES. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY BARCODE SPIDER, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS OR PARTNERS WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICES. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION MAY NOT APPLY TO YOU IN ITS ENTIRETY.

9. Limitation of Liability, Indemnity

YOU AGREE THAT BARCODE SPIDER SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL, UNAUTHORIZED ACCESS TO YOUR ACCOUNT, AND ANY AND ALL OTHER DAMAGES AND LOSSES, EVEN IF BARCODE SPIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BARCODE SPIDER, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR, OR ANY THIRD PARTY'S, USE OF THE SERVICES. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY STATUTE, VIOLATION OF PRIVACY AND/OR INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS.

Barcode Spider shall promptly provide you notice of the claim and, at your expense, give all reasonable assistance. You may not settle any claim unless it unconditionally releases Barcode Spider of all liability.

You acknowledge that Barcode Spider would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, agree that Barcode Spider shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available under applicable law.

10. Publicity

You agree that Barcode Spider may use your name and reference you as a customer for advertising, promotion or similar publicity purposes and hereby grant Barcode Spider a non-exclusive, worldwide license to your name and logo for such purposes.

11. Privacy Policy

Please note that information provided during use of the Services is collected pursuant to Barcode Spider's Privacy Policy, which is available at www.barcodespider.com/privacy. By using the Services you are also agreeing to the Privacy Policy.

12. Entire Agreement

This agreement expresses the entire understanding between you and Barcode Spider and supersedes any prior agreements or understandings relating to the matters contained herein.